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Home My WebLink AboutCity of Tamarac Ordinance O-2019-001t Temp. Ord. # 2380 June 5, 2018 Page 1 CITY OF TAMARAC, FLORIDA oRDTNANcE No. LoH- 0 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AMENDING CHAPTER 2 OF THE CITYS CODE OF ORDINANCES, ENTITLED "ADMINISTRATION" BY SPECIFIGALLY AMENDING ARTICLE III, ENTITLED "BOARDS, GOMMITTEES, COMMISSION," BY CREATING SECTION 2-73.09 ENTITLED "ADUINISTRATIVE FINES, COSTS OF REPAIR, AND LIENS" REGARDING THE ADiIIINISTRATION OF CODE ENFORCEMENT ORDERS OF VIOLATION AND REPEAT VIOI.ATIONS PURSUANT TO CHAPTER 162, FLORIDA STATUTES; PROVIDING FOR INCREASED CODE ENFORCEMENT FINES UNDER CHAPTER 162.09, FLORIDA STATUTES; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLIGTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Code of the City of Tamarac provides for a Code Enforeement Board, and Special Magistrate to hear violations of the City Code brought by the City's Code Enforcement Division and to assess fines for noncompliance with such orders pursuant to Chapter 162, Florida Statutes; and WHEREAS, Certain violations affect the health, safety and welfare of the citizens and must be remedied by the City; and WHEREAS, Chapter 162, Florida Statutes authorizes a municipality to include all reasonable costs of repairs made by the City which are required to bring the propefi into compliance; and WHEREAS, 5162.09, Florida Statutes authorizes a municipality having a population equal to or greater than 50,000 to adopt an ordinance imposing code enforcement fines in excess of the standard two hundred and frfty ($ZSO.00) per day for a first violation and five hundred dollars ($500.00) per day for a repeat violation, whenT 1w222329.3 270/45016,0 \ CODING: Words in stike+hresgh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2380 June 5, 2018 Page 2 violations have not complied with the Final Order of Violation within the time period provided or where there is a finding that a repeat violation has been committed; and WHEREAS, as of July 1,2016, the City has an estimated population of 65,199 pursuant to the United States Censuses Bureau; and WHEREAS, City staff reviewed the City code and finds that permitting the City to abate health, safety and welfare violations and permitting the City's Code Enforcement Board and Special Magistrate(s) to assess increased fines will provide the City with additional tools to enhance community appearance and increase code compliance throughout the City; and WHEREAS, in an effort to protect the health, safety and welfare of the citizens and residents of the City, the City Commission deems it to be in the best interests of the citizens, residents, businesses, and property owners of the City to amend the City's Code of Ordinances authorize for increased administrative fines, costs of repair and liens to be assessed by the City's Special Magistrate or Code Enforcement Board to the maximum amounts permitted under Florida law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1. The foregoing recitals are hereby ratffied and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. The City Commission hereby amends Chapter 2, of the Tamarac Code of Ordinances, entitled 'Administration," Article lll, entitled "Boards, Committees, Commissions," by creating Section 2-73.09 entitled "Administrative Fines, Costs of {@222329j Tt04450lffi | CODING: Words in stike+hr€ugh type are deletions from existing law; Words in underlined type are additions. I T Temp. Ord. # 2380 June 5, 2018 Page 3 t Repair, Liens" as follows Sec- 2-73.09. - Administrative Costs Reoair: Liens.Fines- (a) Upon notification bv the code enforcement officer that a fina! order of violation has not been complied with by the date set forth in that order, the code enforcement board or soecia! maoistrate mav issue an order aoainst the violator imoosinq a fine in an amount soecifi in subsection 2-73.O9(fl for each dav violation continues gast the date set bv the code enforcement board or special maqistrate for compliance. Ib)The code e nt board or soecial maoistrate. uoo notification bv the code enforcement officer that a nrevior rs comolied order of the code enforcement board or soecial maoistrate was aqain violated. mav find that a repeat violation has been comm iffed a lmDose afi ne withortf a hearino ln AN amount soecified in subsection 2-73.O9 beoinnino with the date the reoeat vio on is found to have occurred bv the code enforcement officer. The code enforcement board or special still if the violation has been G)lf the code officer reason to believe a violation or the condition causinq the violation a serious threat to the oublic health., and welfare or if the violation is irreo or irreversible in nature. the code i shall make a reasonable effort to the violator and mav immediatelv notifu the enforcement board and request a hearinq. G)Uoon findino that a violation or the condition causino the violation oresents a serious threat to oublic health. safetv. and welfare o r that the violation is irreoarable or irreve rsible in code enforcement board or soecialnatr rre shall reasonable reoairs whi M f and authorize the ch are renrrired brino the orooertv into comoliance and charoe the violator with the reasonahle cost of the reoairs alono with the fine imposed. Makino such repairs does not create a continuinq obliqation on the part of the citv to make further repairs or to maintain the propertv and does not create anv liabilitv aoainst the citu for anv dam to the orooertv if such reoairs were completed in qood faith. G) A copy of all orders shall be promptlv mailed to the violator. Upon findino a violation of the Citu code. the code enforcement board or soecial maqistrate are authorized to assess a sevenfu-five ($75 00) dollar administrative fee in all cases t (fl The code enforcement board or specia! maqistrate are authorized to impose rsuant to exceed one u d rS 10022x3293 27 04{sO | &0 | CODING: Words in sfiike+hreugh type are deletions from existing law; Words in underlined type are additions. Temp. Ord. # 2380 June 5, 2018 Page 4 for a first violation. not exceed five thousand dollars ($5.000.00) oer dav for a repeat violation. and uo to fifteen thousand dollars ($15.000.00) per violation if the violation is found to be irreparable or irreversible in nature. The code enforcement board or soecial maoistrate mav imoose additional fines to cover all reasonable costs of I rEDA tr ta srrhseefion 2-73 OO ln inino the amorrnt of fina if anV the code enforcement board or special maqistrate shall consider the followino factors: (1) The oravitv of the violation: (2) Anv actions taken bv the violator to correct the violation; and (3) Anv orevious viol s committed bv the violator (o) The code enfo board or soecial maoistrate mav uce a fine imoosed pursuant to this section. prior to the recordino of a lien.. This provision can be in adr{ifinn fn anv r narrniflorl lian rar{rrnfinn abatementothef (h) A certified copv of an order imoosino a fine. or a fine plus reoair costs mav be recorded as Drovid in Section 2-73.07 of the Citv Code. A imoosed oursuant to this section shall continue to accrue until the violator comes into comoliance or until iudoment is rendered in a uant to this Chapter. whichever occurs first. SECTION 3. Codification. !t is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this ordinance may be renumbered, re lettered and the word "Ordinance" may be changed to "Section", 'Article" or such otherword or phrase in order to accomplish such intention SECTION 4. Conflicts. That all Ordinan@s or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. SECTION 5. Severabilitv. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be 100222329.3 270+050 1640 ) CODING: Words in strke4hreugh type are deletions from existing law; Words in underlined type are additions. I I Temp. Ord. # 2380 June 5, 2018 Page 5 considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 6. Effective Date. This Ordinance shall become effective upon adoption. PASSED, FIRST READING this 3 of ,2018. PASSED, SECOND READTNG fi,i" J3 day of 2019. BY MI ELLE J. G MAYOR RECORD OF COMMISSION VOTE: 1sr Reading ATRICIA TEU CIry CLERK MAYOR DRESSLER DIST 1: COMM BOLTON DIST 2:YlM GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this ORDINANCE as to form:RECORD OF COMMISSION VOTE: 2ND Reading UEL S MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4:VlM PLACKO CITY ATTORN lNnB293 270/,-05016/0 | CODING: Words in stdke+hreugh type are deletions from existing law; Words in T C T underlined type are additions T t T